Jishan And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants for anticipatory bail in the First Information Report bearing registration no. 489 of 2024, registered at Police Station Bahadrabad, District Haridwar under Sections 115(2), 74, 333, 352 and Section 351(3) of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report dated 15.10.2024, the informant is residing on rent in the house of Dilshad S/o Hashim. The applicants entered her house on 12.10.2024, beat her, tore her clothes and threatened to kill her.

Heard Mr. Rajveer Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the respondent.

Mr. Rajveer Singh, Advocate, contended that the applicant no.2 Dilshad S/o Jishan is the husband of the informant. Applicant no.1 is the father-in-law of the informant and applicant no. 3 is the son of the applicant no.1. They have been falsely implicated in the present matter. They were not present on the spot. They do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding.

Mr. Pratiroop Pandey, A.G.A., on the other hand, on instructions, submitted that the Investigating Officer has not found any bone injury on the body of the informant.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of applicants Jishan, Dilshad and Naushad, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.